Bill Summary for Bill Number HB10-1205

Date: 03/02/2010

Final
BILL SUMMARY for HB10-1205

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved prepared amendment L.004 (Attachment B). Th Moved prepared amendment L.006 (Attachment C). Th Moved prepared amendment L.007 (Attachment D). Th Moved prepared amendment L.009 (Attachment E). Th Moved severed section A of prepared amendment L.00 Moved to refer House Bill 10-1205, as amended, to	Pass Without Objection PASS Pass Without Objection Pass Without Objection FAIL PASS

01:34 PM

The committee was called to order. A quorum was present.

01:35 PM -- House Bill 10-1205

Representative Ryden, prime sponsor, presented House Bill 10-1205, concerning land use planning by local governments to address the impacts of land use development upon military installations in close proximity to such governments. The committee heard some testimony on the bill at its February 25th meeting. Testimony continued, as the following persons testified regarding House Bill 10-1205:

01:36 PM -- Mr. Ed Graham, representing K.P. Kauffman Co., testified regarding the bill. Mr. Graham clarified his position on the bill, raising concerns regarding issues pertaining to severance of surface and mineral property rights, and its implications in negotiations between military installations, surface owners, and counties. Mr. Graham suggested that the bill could have unintended consequences for mineral rights owners. Mr. Graham suggested amending the bill to hold harmless mineral rights owners. Mr. Graham responded to questions regarding the particular notification mechanism that raises concerns for him.

01:48 PM -- Mr. James Bobick, representing the Colorado United Veterans Committee, testified in favor of House Bill 10-1205. Mr. Bobick discussed the need for including military installations as an area of state interest for the purpose of statutory provisions governing areas and activities of state interest (so-called "HB 1041 powers"). Mr. Bobick discussed the benefits of including veterans in discussions of land use by military installations. Discussion ensued regarding benefits that accrue to communities through military installation siting, and the potential for changes in land use by these installations to result in the degradation of the full use of adjacent property.

01:58 PM

Discussion continued regarding the need to balance the land use needs of military installations and the use of adjacent properties by land owners.

01:59 PM -- Mr. Ray Pittman, representing the Aurora Economic Development Council, testified in favor of the bill. Mr. Pittman discussed the negotiations on land use and noise contours when Denver International Airport was sited, and the need to balance economic growth and private property rights. Mr. Pittman also discussed the economic benefits that accrue to localities as a result of hosting military installations, and explained how the bill would further those benefits. Discussion ensued regarding removing the HB 1041 powers portion from House Bill 10-1205, and the need for representatives of the military to participate in land use discussions where applicable. Mr. Pittman responded to questions regarding the need to classify military installations as areas of state interest.

02:08 PM -- Mr. Jim Vigil, representing Las Animas County, testified in opposition to House Bill 10-1205. Mr. Vigil discussed the negative impacts of the bill on counties, include of loss of local control and economic development opportunities in some areas as a result of industry positioning near military installations. Mr. Vigil discussed certain military installations in rural areas which are large enough to make it likely for industry to be positioned nearby and thus be affected by changes in land use. Mr. Vigil responded to questions regarding the impact of military installations being granted HB 1041 status on adjacent land use potential. Representative Todd read a letter from Otero County in opposition to the bill (Attachment A).

02:17 PM -- Mr. Larry Fortner, representing the Colorado Springs Chamber of Commerce, testified in favor of the bill as amended. Mr. Fortner explained how the bill will result in Colorado being viewed as a state that is friendly to the presence of military installations, and further explained how passage of the bill will increase ties between the military and host communities.

02:23 PM

Representative Ryden explained the effect of prepared amendment L.004 (Attachment B).


BILL:	HB10-1205
TIME:	02:23:14 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:23 PM

Representative Ryden explained the effect of prepared amendment L.006 (Attachment C). Discussion ensued regarding the omission of certain military facilities from the listed facilities in the amendment. Discussion followed regarding the reasons for excluding the Pinon Canyon maneuver site from the scope of the bill, while retaining other military installations within its scope. Mr. Mickey Hunt, representing the Department of Military and Veterans Affairs, provided clarification regarding the criteria considered for including certain types of military installations within the scope of House Bill 10-1205. Mr. Hunt responded to questions regarding the intent of the legislation, and the type of features contained in the Pinon Canyon site. Discussion ensued regarding discussions that resulted in the drafting of amendment L.006. Discussion followed regarding the opinion of Weld County officials on the amendment.


BILL:	HB10-1205
TIME:	02:23:46 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.006 (Attachment C). The motion passed on a 7-4 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	No
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Waller	No
	Labuda	Yes
	Todd	Yes

Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:34 PM

Representative Ryden explained the effect of prepared amendment L.007 (Attachment D).


BILL:	HB10-1205
TIME:	02:34:32 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.007 (Attachment D). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:35 PM

Representative Ryden explained the effect of prepared amendment L.009 (Attachment E).


BILL:	HB10-1205
TIME:	02:35:13 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.009 (Attachment E). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:36 PM

Representative Waller explained the effect of prepared amendment L.008 (Attachment F). Discussion ensued regarding the impact of removing HB 1041 powers from the scope of the bill. Mr. Bob Lackner, representing Legislative Legal Services, explained that a portion of L.008 may be a settled question with the passage of amendment L.009. Discussion ensued on this point.


BILL:	HB10-1205
TIME:	02:36:44 PM
MOVED:	Waller
MOTION:	Moved severed section A of prepared amendment L.008 (Attachment F), page 1, lines 1 and 2. The motion failed on a 4-5-2 roll call vote.
SECONDED:	DelGrosso
		VOTE
	Casso	Yes
	Court	No
	DelGrosso	Yes
	Hullinghorst	Excused
	McCann	No
	Miklosi	No
	Murray	Yes
	Nikkel	Excused
	Waller	Yes
	Labuda	No
	Todd	No

Not Final YES: 4 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL

02:44 PM

Representative Ryden presented closing remarks in favor of House Bill 10-1205. Discussion ensued regarding the benefits that accrue to communities as a result of the siting of military installations, and the benefits of Colorado being viewed as friendly to military installations. Discussion followed regarding the removal of the Pinon Canyon site from the scope of the bill, and the potential impact of the bill on private property rights. Representative Hullinghorst explained her vote on the bill.


BILL:	HB10-1205
TIME:	02:51:19 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 10-1205, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 7-4 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	No
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Waller	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS